Water Leakage. Who is responsible? - Landlord Forum thread 330196

Water Leakage. Who is responsible? by EO (Texas) on January 21, 2015 @18:43

Hello everyone,

I own several rental homes. Each of them has a lease that specifically states that the tenant/renter will be responsible for all maintenance of the home. There was a water leakage at on the homes. After snaking the drain, the plumber found plastic bags and heavy non-biodegradable paper products and feminine hygiene products. This caused a back up and water to leak into the carpet of the master bedroom. The tenant now keeps mentioning how the water has damaged some of her belongings. She kept her belongings in the same place even after the water soaked into the carpet. She keeps saying things that point to litigation.

I just want to make sure who is responsible for the damages. The lease specifically states that the tenant is responsible even for overflow and leakages, but I just want confirmation that I am correct here. If you all could help me out, it would really help.

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Re: Water Leakage. Who is responsible? by Rex on January 21, 2015 @18:52	[ Reply ]

How long has the tenant been there, if the problem occurred right after move in, you are responsible for making the drains are clear as the tenant has not been there long enought to cause damage.

Re: Water Leakage. Who is responsible?

Re: Water Leakage. Who is responsible? by Anonymous on January 21, 2015 @19:53	[ Reply ]

Then it is safe to assume that the only way that the plumber found "plastic bags and heavy non-biodegradable paper products and feminine hygiene products" in the drain is that they were put down the drain by this exact tenant or someone just passing by the house. Just kidding about the passer by. Now we all know that renter's insurance is required for tenants by most landlords for exactly this reason. Since it will be obvious to the judge that she caused the water damage the case will be thrown out. If she is stupid enough to file in small claims court.

Re: Water Leakage. Who is responsible? by Anonymous on January 21, 2015 @20:13	[ Reply ]

That's kind of judgement call to me. If you have great tenants who pay on time and otherwise never hear from, I would probably pay for the service call. I would then write them a letter stating the cause of the back up and that future service calls for similar reasons will result in them being charged for the call, per the lease.

Re: Water Leakage. Who is responsible? by Garry (Iowa) on January 21, 2015 @23:59	[ Reply ]

If the T lived there for 11/2 years with no sewer problems, and the plumber pulled those items out now, then she was NEGLIGENT , and needs to pay for the service call, and the damage to the carpet. If she carries renters insurance, then she can turn in a claim for damages to her stuff and also your damages (if you were named on her policy) But she may have a $500-$1,000 deductible on it, so she may decide not to turn it in. Either way, she is responsible in this case for ALL the damages. You are not responsible for damage to her items unless she can prove you were somehow negligent and caused the sewer to back up. If she has no renters insurance, then her loss is all on her. But I'm curious----- if the furnace, water heater, air conditioner or refrigerator (if you provide it) just quits working one day, through no fault of the T, who pays to fix it ? It should not be the T, even if she agreed to it in the lease.That's where your states LL/T laws come into play. If the laws say those items are the LLs responsibility,then the wording in your lease does not trump the state codes even if the T did agree to it in writing.

Re: Water Leakage. Who is responsible? by Chris (WI) on January 22, 2015 @09:02	[ Reply ]

I have directly in my rental agreements that they will not put those types of items in the drain. I would charge them for the plumber, damage, and to have the carpets professionally cleaned. I would be concerned about the sewage on the floor. You are not responsible for damages to their things in this case. If they want it covered that is what renters insurance is for. I require all my tenants to carry renters insurance.

Re: Water Leakage. Who is responsible? by Carla on January 22, 2015 @13:24	[ Reply ]

When you find "plastic bags and heavy non-biodegradable paper products and feminine hygiene products" in your main drain system, that could signal either a broken pipe section or tree roots. Does your system have a back flow check valve to prevent items from backing up into your system from the city/county sewer system?

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Re: Water Leakage. Who is responsible? by Bill (MD) on January 22, 2015 @15:28	[ Reply ]

In my lease I have a Plumbing Clause. It explicitly says something like the following. -All drains have been inspected and are free and clear upon the signing of the lease and should remain free and clear during and after the lease. Any blockages in the system (that are not the result of a plumbing failure) are the responsibility of the tenant. Therefore she would have to foot the bill. And considering you're dealing with a "She" and there are tampons down the drain it's pretty easy to point the blame.

Re: Water Leakage. Who is responsible? by Anonymous on January 22, 2015 @20:44	[ Reply ]

I really think that your lease clause for tenants to pay for all maintenance is crazy. I doubt that it would hold up in court. ALL maintenance? I would never sign such a document. Do you sucker them in by rushing through the lease signing?

Re: Water Leakage. Who is responsible?